( 1 ) FOUR accused persons, namely, Jira Devi, Surendra Singh, Ram Bilash yadav and Anil Kumar Singh, the accused-appellant before us, were tried on charges under Sections 302/34 and 201/34 IPC. The trial court acquitted surendra Singh and Ram Bilash Yadav, but convicted the other two. Both the convicted accused persons preferred an appeal before the High Court. The high Court has allowed the appeal preferred by Jira Devi and acquitted her. However, the conviction of the ace used-appellant before us under Sections 302/34 and 201/34 IPC has been maintained by the High Court. This appeal has been preferred by special leave.

( 2 ) THE deceased Dhiran Singh, the witnesses and the accused-appellant, as also the other 3 accused persons who have been acquitted, are all residents of Village Bagaliya, PS Mansi, Bihar. Jira Devi, the acquitted accused, is the wife of deceased Dhiran Singh. Anil Kumar Singh, the accused-appellant, is their neighbour. It appears that the deceased Dhiran Singh suspected illegitimate relationship between Jira Devi and the accused-appellant. Jira devi gave birth to 3 children of whom the last one was suspected by the deceased Dhiran Singh not to be born from him. This had led to relations between Dhiran Singh and Jira Devi being strained and they were often quarrelling with each other. The relationship between the accused-appellant and deceased Dhiran Singh too was certainly strained. It also appears that the deceased Dhiran Singh had entered into an agreement to purchase some land from one Wokil Singh, resident of Village Permanandpur. An amount of rs 9000 was required to be paid as a part of consideration for sale. Village bagaliya is connected with Village Permanandpur by rail. The train leaves bagaliya Station sometime early in the morning.

( 3 ) ON 15-11-1992, the deceased Dhiran Singh started with Rs 9000 with him for Village Permanandpur to pass on the amount to Wokil Singh, the vendor. In Village Permanandpur the in-laws of Dhiran Singh i. e. the parents of Jira Devi are also living. In the night preceding 15-11-1992 Jira Devi persuaded the deceased Dhiran Singh to rise and leave very early in the morning for the railway station as the train left quite early. Dhiran Singh left. However, thereafter he did not return for about 3 days. Ram Adhik Singh sent jira Devi to Village Permanandpur to trace the whereabouts of Dhiran Singh. She returned and reported that Dhiran Singh having visited Village permanandpur had immediately left the village and was not to be found there.

( 4 ) ON 19-11-1992, a dead body was found to be floating in the village river, The accused Ram Bilash Yadav noticed the dead body and raised a hue and cry amongst the villagers who rushed to the river and found the dead body to be of Dhiran Singh. The dead body had injuries on it. Stones were tied with the body so as to keep it sunk. Ram Adhik Singh having identified the dead body as of his son Dhiran Singh reported the matter to the police station wherein an offence was registered and investigation commenced. The fir does not disclose suspicion on any individual. However, the 4 accused persons, as stated hereinabove, were apprehended and charge-sheeted. There has been no recovery from any of the accused persons.

( 5 ) THE trial court and the High Court have relied on three pieces of so called circumstantial evidence for holding the accused-appellant guilty of the offence charged. Briefly summed up, these circumstances are: (I) that on 15-11-1992 Dhiran Singh had started from his house in the midnight to catch the train for Village Permanandpur and at that point of time was carrying Rs 9000 with him; (II) that Jira Devi had persuaded the deceased to leave early and had gone to the house of the accused-appellant and informed him of the movements of deceased Dhiran Singh. There was ill feeling between the deceased and the accused-appellant on account of the illicit intimacy between Jira Devi, the wife of the deceased and the accused-app